IFB 33-0098 GUAM Cartridge Casings MCOS.pdf

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DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

SOLICITATION OF OFFERS FOR SALE OF

MUTILATION AS CONDITION OF SALE (MCOS) SCRAP RESIDUE SALE

Off-Site

IFB 33-0098

SEALED BID

ONE TIME SALE

AT

Agana, Guam

Offer Closing Date/Time: November 30th, 2020, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period Begins November 2nd, 2020, 1:00 p.m. ChST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.rogers@dla.mil

PHONE: 269-961-5015

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

Battle Creek, Michigan 49037-3092

IFB 33-0098

A INTRODUCTION

A.1 Useful Websites:

A.2 Item Description:

A.3 Table 1 IFB Item Number Details:

A.4 Table 2 CLIN, Material, SCL, Descriptions:

A.5 Packing:

A.6 Removal:

A.7 Inspection:

A.8 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24 B.2 FAR Provision 52.204-25

B.3 Mutilation:

B.4 Training

B.5 Mutilation Operations:

B.6 Equipment:

B.7 Meetings:

B.8 Safety Gear:

B.9 Inventories:

B.10 Certifier/Verifier:

B.11 Mutilation Timeframe:

B.12 Military Markings:

B.13 Containers/Boxes:

B.14 Title:

B.15 Facility Access:

B.16 Facility Requirements:

B.17 Secure Area:

B.18 Fencing and Gate Requirements for the Purchaser:

B.19 B.20 Inspection:

B.21 Hazards:

B.22 INERT:

B.23 Personnel Protective Equipment (PPE):

B.24 Environmental and Hazardous Waste Secondary Containment:

B.25 Spill Responsibility:

B.26 Residual Fluids, Spills, and Waste:

B.27 Recycling:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 How to Bid:

D.3 Where to Submit Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Acceptance Period:

D.8 Technical Issues with the E-sales Website:

D.9 Bid Evaluation:

Ineligible Bidder:

D.10 Bidding Criteria:

D.11 Contract start up time frame:

D.12 Pre-Award Survey:

D.12.1 Pre-Award Survey may include but is not limited to the following:

D.12.2 Environmental Responsibility Determination (ERD):

D.13 Necessary licenses, permits and certifications shall be reviewed:

D.14 Contract Award:

D.15 Post-Award Conference:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

E.4 Authority of Sales Contracting Officer (SCO):

E.5 Authority of Sales Point of Contact (SPOC):

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Prepayment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Termination for Convenience of the Government:

G.5 Termination Inventory:

G.6 Right to Appeal:

G.7 Records:

H DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL

BREACH

I.1 Product Pool:

I.2 Classified Material:

I.3 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.4 Radioactive Property:

I.5 Hazardous Property:

I.6 Foreign Attachment

I.7 Miscellaneous Debris and Dunnage:

I.8 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.9 Notice of Material Breach:

I.10 Response to Notice:

I.11 Termination:

I.12 Agency Remedies for Material Breach by Purchaser:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Bureau of Industry and Security (BIS):

J.2 Disposition and Use of Property:

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Letter of Authorization (LOA):

K.4 Purchaser Awareness of the Agency’s Environmental Management System (EMS):

K.5 Purchaser shall not be allowed to sell material at Agency Locations:

K.6 Purchaser use of sub-contractors:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Government Furnished Equipment (GFE):

L.2 Requirement for Purchaser to use Purchaser owned MHE:

L.3 Government Furnished MHE:

L.4 Requirement for Purchaser to use Purchaser owned MHE:

M GOVERNMENT FACILITIES

M.1 Physical Security:

M.2 Key Control:

N CONTRACT COMPLIANCE, AUDITS AND REVIEWS

N.1 Compliance with Applicable Laws and Regulations:

N.2 Licenses and Permits:

N.3 Duties of Care and Loyalty:

N.4 Prohibited Activities:

N.5 Purchaser’s Cooperation is Investigations/Audits/Compliance Reviews:

N.6 Post award inspections:

N.7 Purchaser’s Responsibility for Independent Audit at Government’s Request:

N.8 Purchaser Record Retention:

N.9 Inspection of Records and Workplace by Government:

N.10 Purpose and Content of Compliance Audits, Reviews and Further Reviews:

N.11 Methods and Procedures for Compliance Reviews:

N.12 Further Reviews:

N.13 Compliance Notification:

N.14 Costs of Oversight:

N.15 Notice of Audit Adjustment:

N.16 Procedures for Adjudication of Audit Adjustments:

N.17 Remedies for Audit Adjustments:

N.18 Contracts with Third Parties:

O DISPUTES AND CLAIMS

O.1 Disputes:

O.2 Alternative Dispute Resolution (ADR):

P MISCELLANEOUS PROVISIONS

P.1 Binding Effect:

P.2 Notices:

P.3 Severability:

P.4 Headings:

P.5 Survival:

P.6 Waiver:

P.7 Force Majeure:

P.8 Use of the Agency Name and Public Communications:

P.9 Tense and Gender:

P.10 Entire Agreement and Modification:

P.11 Computation of Time:

P.12 Electronic Communication:

P.13 No Reimbursements:

P.14 Market, Resale and/or Export:

Q GOVERNMENT REQUIRED REPORTS

Q.1 Government Use of Purchaser Reported Information:

Q.2 Performance Measure Requirements and Reports:

R ADDITIONAL CONTRACT ADVISEMENTS

R.1 Public Law Pertaining to Location Operations:

R.2 Public Law Pertaining to Material:

R.3 Resource Conservation and Recovery Act (RCRA) Notice:

R.4 Chemical Agent Resistant Coating (CARC) Paint:

R.5 Refrigerant:

R.6 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

S DEFINITIONS

T ACRONYMS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a Mutilation as Condition of Sale (MCOS) contract for scrap through this Invitation for Bid (IFB). Purchaser shall not be required to perform Scrap Yard Management (SYM). ). This is a one time sale. The Government guarantees to issue the Purchaser a minimum total weight equal to the Total QTY identified per SCL specified below, subject to variations as authorized by SBR Part 2, Article 12.

A.1 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx DLA Auction Site: https://www.sales.dla.mil/dlab2b/init.do System for Award Management: https://beta.sam.gov/ Bureau of Industry and Security: https://www.bis.doc.gov/ U.S. Department of the Treasury: https://home.treasury.gov/ Consolidated Screening List Search Engine: https://legacy.export.gov/csl-search

The following is for reference only and does not indicate endorsement of the information provided.

Commercial Scale Locator: https://catscale.com/cat-scale-locator/

A.2 Item Description:

Property stream may consist of, but is not limited to, aluminum, steel, and brass cartridge case that may range from 9mm up to 105mm casings requiring mutilation. This property consists of DEMIL code Q3.

PURCHASERS ARE CAUTIONED THAT ARTICLES OR SUBSTANCES OF A DANGEROUS

NATURE MAY REMAIN IN THE PROPERTY REGARDLESS OF THE CARE EXERCISED TO

REMOVE SAME. THE GOVERNMENT ASSUMES NO LIABILITY FOR DAMAGES TO

PROPERTY OF THE PURCHASER OR FOR PERSONAL INJURY, DISABILITY OR DEATH

OF THE PURCHASER, ITS EMPLOYEES OR TO ANY OTHER PERSON ARISING FROM OR

AFFILIATED WITH THE PURCHASE, USE OR DISPOSITIONS OF THIS MATERIAL. THE

PURCHASER SHALL HOLD THE GOVERNMENT HARMLESS FROM ANY AND ALL SUCH

DEMANDS, SUITS, ACTIONS, OR CLAIMS ARISING FROM OR OTHERWISE RELATING

TO THE PURCHASE OF THIS MATERIAL.

All potential Bidders are advised to read all terms and conditions of this IFB prior to submitting their bids to ensure they have a complete and full understanding of all requirements under this contract for sale. The Purchaser is cautioned that some requirements for information are required before the start of work on this contract. The Purchaser agrees to provide all services necessary for the contract in accordance with all Federal, state, local laws and regulations and in accordance with the terms of this contract. All terms in this IFB will also apply to Purchaser sub-contractor(s).

A.3 Table 1 IFB Item Number Details:

State Site Item Material Total QTY

(LBS.)

Minimum

Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

Gaum Agana 1

DS000D3IB 197 147.75 246.25

Gaum Agana 2

DS000D2EB 25,800 19,350 32,250

Gaum Agana 3 DS000D1IA 1,719 1289.25 2148.75 https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://beta.sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://catscale.com/cat-scale-locator/

**The minimum and maximum quantities variance derives from SBR Part 2, Article 12, which allows the government to issue property with a variance of +/-25% from the advertised total quantity in pounds. This clause applies per item number since there will be multiple awards.

A.4 Table 2 CLIN, Material, SCL, Descriptions:

CLIN MATERIAL SCL DESCRIPTION

10 DS000D3IB D3I 12 GAUGE SHOTGUN SHELLS, EXPENDED

20 DS000D2EB

D2E FIRED BRASS INC BLANKS, CASES NOT LISTED

30 DS000D1IA

D1I FIRED ALUMINIUM

A.5 Packing:

Packaged and unpackaged, loose in cardboard cartons, wooden boxes, crates, Ammo Containers and on pallets which are included in sale. All disposal costs, recycling of containers, pallets and dunnage material are the responsibility of the Purchaser. All military markings, data plates, and containers are to be destroyed.

A.6 Removal:

Purchaser’s facility must be located within 100 miles of a DLA Disposition Services Site listed on attached schedule.

The Purchaser will pick up property from the following DOD locations: See Schedules for specific locations. Base access requirements: Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005

Hours of operations: See Attached Schedule for specific hours and points of contacts for each site.

A.7 Inspection:

Inspection is by appointment only and requires 48-hour notice. Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection and sampling for the purposes of bidding on this IFB. If the State or local community has “shelter in place” or “stay at home” orders in place for COVID -19, bidders are authorized to travel as part of the Defense Industrial Base, Essential Critical Infrastructure Workforce for the purpose inspecting property prior to bid opening. The awardee of this sale will also be authorized to perform the conditions of this sale as part of the Defense Industrial Base, Essential Critical Infrastructure Workforce. The SCO can provide letters of confirmation to any bidder to confirm status under Defense Industrial Base, Essential Critical Infrastructure Workforce guidance. Bidders should also be advised that both military installations and Disposition Service sites will be taking additional precautions for entry due to COVID-19. Bidders should contact the POC at least 48 hours before seeking entry to a military installation or Disposition Site in order to be informed on entry requirements.

A.8 Loading:

Hours of operations: See Attached Schedule for specific hours and points of contacts for each site.

Purchaser is responsible for loading. Government is not required to assist in loading. Government may provide MHE and Operator support with prior coordination. If the Government agrees to assist with loading, on the agreed day of pick-up, DLA Disposition Services will tailgate load property up to the maximum capacity of the field site loading equipment capabilities. DLA Disposition Services personnel will make the initial placement of the property on conveyance(s) furnished by the Purchaser and the initial placement of the Purchaser’s conveyance(s) shall be determined by the Government. The Government will not block, chock, brace, lash band, or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. Purchaser’s personnel will not be permitted to operate Government owned MHE.

B TERMS AND CONDITIONS OF SALE

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general. Any weight offered or described in this auction was based estimated weights only.

B.1 FAR Provision 52.204-24 FAR Provision 52.204-24 (Attachment D) is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Full clause text included in attachment. The provision at FAR 52.204-24 requires an offeror to represent, on an Offer-by-offer basis, whether it will or will not provide any “covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.” The representation document must be marked, signed and submitted with bid.

Full clause text included in attachment.

B.2 FAR Provision 52.204-25 FAR Provision 52.204-25 is applicable.

FAR Provision 52.204-25 titled, “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment” is incorporated by reference from the Federal Acquisition Regulation.

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment.

Full clause text included in attachment.

B.3 Mutilation:

The Purchaser is expected to mutilation and remove a minimum total weight equal to the “Total QTY (lbs.)” within 21 days of award. Weight is tracked and billed by weight tickets and DLA Form 1367 for outbound scrap removed from the site. The Purchaser is responsible for removal and disposal of all scrap, to include all metallic and non-metallic material resulting from the process at no cost to the Agency.

Other Department of Defense (DOD) agencies have the responsibility to identify property that requires mutilation by assigning the applicable Demilitarization code. Due to changes in requirements, these codes are subject to change without notice.

B.4 Training Purchaser must obtain “DEMIL/MUT Certifier” training and must appoint the person(s) in writing on company letterhead in accordance with (IAW) DoDM 4160.28 Vol 3. Purchaser will retain the training certificate(s) and make it available to the Government within 24 hours upon request. Purchaser Certifier(s) will be trained annually and must send a new appointment letter for each Certifier to the SCO.

SCO will provide the training materials to the Purchaser during the pre-award process to ensure adequate time is allotted to train Purchaser Certifier(s). Purchaser must complete training certificate and submit an appointment letter with the Certifier(s) name and signature on it to the SCO before work can begin. Training certificates are to be held by the Purchaser and made available to the SCO within 24 hours if requested.

B.5 Mutilation Operations:

All mutilation operations will be conducted off Government premises at the Purchaser’s approved facility. Agency Verifier(s) must be present for all mutilation operations. If the Agency Verifier is unavailable for any reason, mutilation operations are to be halted until the Verifier(s) return.

Mutilation of property must be accomplished during sites hours of operations as specified in the attached schedule.

Excluding federally recognized holidays and weekends or any days Government Verifier(s) are unavailable.

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment

Purchaser is responsible for obtaining and providing all required permits to accomplish mutilation processing and transportation. All conveyance will display applicable Department of Transportation (DOT) placards. If an oversized vehicle or load is required, site personnel will provide information to assist in obtaining base permits.

Purchaser will not be provided with permanent indoor or outdoor storage space for property or equipment (including material handling equipment (MHE)). Outdoor temporary storage will be made available as the need arises to ensure mutilation operations and property flow are not impacted. Only the Agency can authorize the temporary storage space and the Purchaser must request the space in writing.

Purchaser is required to mutilate all property streams. No parts harvesting is authorized.

All property sourced to this contract will be processed as Controlled Property, mutilated and segregated from any other property until title passes.

If operation hazards are discovered during loading or mutilation operations, all work will cease immediately.

Operations will not resume until cleared by the Agency Verifier. Only the SCO can authorize the Purchaser to resume operations.

Method and degree of Mutilation recommended are in the best interest of the U.S. Government and IAW with DoDM 4160.28 Vol 3. The use of precision tools of any kind, including precision cutting tools, will not be permitted during the mutilation of this property.

B.6 Equipment:

Purchaser will supply all equipment and personnel to accomplish all operations associated to the mutilation of all casings and associated munitions related material (i.e. links, ammunition containers).

Equipment may include, but is not limited to: shredder, torch machine, plasma cutter, deformer, smelter, and Personal Protective Equipment

Purchaser is responsible to have on-hand Storage Bins/Roll off containers to collect scrap and residue resulting from the mutilation operations. Scrap and residue will not be accumulated on the ground.

B.7 Meetings:

Purchaser’s Certifier and the Agency’s Verifier will conduct end of week meeting to coordinate/determine work schedule for the following week. Deviations authorized (i.e. bi-weekly, monthly, etc.) based on mutual agreement.

B.8 Safety Gear:

In accordance with (IAW) Code of Federal Regulation (CFR) 102-40-120 Purchaser is hereby informed of the requirement to supply/provide Purchaser employees safety gear needed to protect from lethal projectiles, hot metal, sparks and flames. The act of mutilation to render the property to the point of scrap can be extremely dangerous and adequate safeguards must be adhered to by Purchaser employees performing the mutilation on expended cartridge casing and associated dangerous property.

B.9 Inventories:

Joint inventory of property will be conducted by the Purchaser’s Certifier and by DLA Disposition Services Verifier, when the Purchaser loads the property at DLA Disposition Services Site before the property is mutilated.

During the inventory at the DLA Disposition Services Site, the Purchaser will be authorized to sort and break down property from the dunnage to better utilize the transportation. The Purchaser must provide adequate support as to not slow down the loading, inventory and mutilation process or transportation times.

B.10 Certifier/Verifier:

Certifier will be present and watch or perform 100% of material being mutilated. Verifier will be present and watch 100% of the process. Verifier will determine if property has been mutilated to the point of scrap. Any material not mutilated to the point of scrap will be further processed until proper destruction is accomplished.

By bidding, each bidder represents, warrants, and certifies that all materials purchased will not be re-used, re-furbished, or sold for re-use or refurbishing.

B.11 Mutilation Timeframe:

All mutilation will be completed prior to property removal from Purchaser’s MCOS site. All off-site mutilation is required to be performed within same day as removal. Property that cannot be mutilated the same day as property removal must be Mutilated the following workday. All property that has not been Mutilated by the end of the workday will be inventoried and/or weighed and secured on Government premises, or on an approved, secured, off-site location. The receiving process begins once the DLA Disposition Services Verifier and Purchaser’s Certifier complete the Kind Count (KC) process and the property has been turned over to Purchaser.

B.12 Military Markings:

All military markings and data plates are to be completely destroyed during the mutilation process. All Technical Data is considered mutilation-required and must not be thrown away as dunnage. Mutilation of Technical Data, Drawings, CD’s, Manuals, etc… must be by burning, cross-cut shredding or pulping IAW Government regulations.

B.13 Containers/Boxes:

All disposal costs, recycling of containers, pallets and dunnage material are the responsibility of Purchaser.

Reusable boxes and cases (i.e. pelican type cases) used for shipping will be treated as mutilation required property or returned to DLA Disposition Services Site at Purchaser’s expense.

B.14 Title:

Title will pass to Purchaser when the “Certificate of DEMIL/MUT” has been signed by both the Purchaser Certifier and the Agency Verifier, the 1367(s) is signed by both the Purchaser Certifier and the Agency Verifier indicating the mutilation has been completed.

B.15 Facility Access:

Purchaser is responsible to obtain all base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base must have state-approved identification or state-approved appropriate driver’s licenses and be free of any warrants. The base will deny access to personnel with warrants. Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. (Purchaser will provide a list of personnel who will work on base prior to start of work).

B.16 Facility Requirements:

Security fencing around the entire facility.

Controlled truck access gate for controlled and other property.

Controlled entrances to MUT area.

Limited access to essential employees. Purchaser’s nonessential employees and visitors will be escorted at all times.

Security cameras at all controlled and other property areas, access points, both truck and personnel.

A 30 day minimum taping and retrieval capacity for the security cameras and access for DLA Disposition

Services personnel to view if necessary.

B.17 Secure Area:

Provide a secure area for holding troubled property. Secure Area must have a dedicated security camera with a 30 day minimum taping and retrieval capacity with access for DLA Disposition Services personnel to view if necessary. (Troubled property is defined as any property not appropriate for the terms and conditions in this contract, property under DEMIL code challenge, or prop). Cage should be of adequate size to accommodate at a minimum of eight pallets of material, with a separate smaller lockable cage inside able to accommodate one pallet of material.

B.18 Fencing and Gate Requirements for the Purchaser:

Fencing fabric will be minimum 9-gauge wire mesh and mesh openings will not be greater than two inches (51 mm) per side. Fence fabric material will be galvanized steel, PVC coated steel fabric (use PVC coated if located in corrosive environment or where aesthetics are of prime importance) or aluminum coated steel fabric (use aluminum coated if located in corrosive environment) [2-2.1]. (UFC 4-022-03, Chapter 2)

Fencing Height - Will be a minimum of 7 feet, excluding the top guard. Fence height including outriggers will be a minimum of 8 feet. (UFC 4-033-03, Chapter 2, paragraph 2-8).

Fence Mounting - Fencing fabric will be mounted on steel posts that are set in concrete with additional bracing at corners and gate openings, as necessary. If steel posts are not available, reinforced concrete posts will be used. (UFC 4-022-03, Chapter 2, paragraph 2-2, subparagraph 2.1.3)

Fence Topping - When required, install outriggers (support arms) at 45-degree angles in a single arm (towards the threat side) or Y/V configuration, constructed of a single or double outrigger consisting of 18-inch (457 mm) arm(s), each having three strands of barbed wire at regular intervals along the top of the fence.

Gates:

B.19 Gates will be constructed as set forth in the UFC. The barrier will have a minimum number of vehicular and pedestrian gates consistent with operational requirements. Such gates will be structurally comparable and provide equal or greater resistance to penetration as the adjacent fence. Gate fabric extends within two (2) inches (51mm) of the roadbed or firm soil when closed. Manual vehicle gates will be secured with welded alloy steel chains will be minimum 1/2 inch (13 mm) diameter with an approved padlock during non-operating hours (UFC 4-22-03, Chapter 3, para. 3-1.1).

B.20 Inspection:

Purchaser’s Facility/worksite will pass an inspection by DLA Disposition Services personnel prior to contact award.

(See DEMIL Facility Security Checklist in Addendum)

B.21 Hazards:

Property may contain hazardous materials, batteries, Petroleum, Oil, Lubricants (POL), hydraulic oils, coolant, fuels, washer fluids etc.). Purchaser will be responsible to drain and collect all fluids. Accumulations during the processing will be the Purchaser’s responsibility to recover, store, and dispose of IAW Federal, state, and local requirements.

B.22 INERT:

Material sourced to the contract may or may not have Inert or Material Documented as Safe (MDAS) Certifications.

Material was received by the Agency with Inert/MDAS Certifications. Although property has remained within DoD/Agency control, due to degradation and/or broken seals, Inert/MDAS certifications may be missing or invalid.

Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. The Government assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or dispositions of this material. The Purchaser shall hold the government harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.

B.23 Personnel Protective Equipment (PPE):

Due to the inherent danger of Mutilating cartridge casings and MPPEH, personnel performing the mutilation are required to wear the type/level of personal protection clothing that protects from injury from debris, flying projectiles, hot sparks, flames that may cause injury. When torch cutting, additional protection is required to protect from sharp flying debris (e.g. cut-resistant garments; cut-resistant sleeves, jacket) and protective flame/heat resistant garments (e.g. face-mask, gloves, welding clothing) must be worn to protect from burns, sparks, and hot metal. See American National Standards Institute (ANSI) Z49.1 for a list of compliant PPE, Code of Federal Regulations (CFR) Title 29 Labor, Parts 1910 and 1915 or National Fire Protection Association (NFPA). See the Occupational Safety and Health Administration (OSHA) for standard warehouse PPE requirements.

B.24 Environmental and Hazardous Waste Secondary Containment:

Upon completion of loading and mutilation operations, the Purchaser is required to clean-up workspace, remove, and dispose of any parts or debris resulting from the Purchaser’s performance. This is required after each day of on-site performance.

Containment system must allow for quick removal of spilled or leaking liquid and should contain a drain (or other method) to empty liquid. Containment must be of sufficient capacity (length/width/depth) to contain the total volume of any fluid released and accumulated liquids that the property being worked may contain until the collected material is removed. At a minimum, the containment system must be able to hold 150 percent of the volume of fluid currently in the containment system.

Purchaser must remove any waste that spills or leaks, or any run-on accumulation in containment system as quickly as possible to prevent an overflow.

Upon completion of services provided, the Purchaser is required to clean-up workspace, remove, and dispose of any parts or debris resulting from the Purchaser’s performance. This is required after each day of on-site performance to ensure all mutilation is completed.

B.25 Spill Responsibility:

The Purchaser is solely responsible for clean-up and disposal of all spills or leaks IAW 40 CFR Part 112 during the loading and or mutilation operations of this contract that occur because of, or are contributed to, by the actions of its agents, employees, or Sub-Contractors, at no cost to the Government. Spill response will be performed by the Purchaser IAW host installation spill response procedures. The Purchaser shall have all necessary spill response kits, equipment and supplies pre-positioned in-case of spills that may occur during these operations.

Purchaser must provide secondary containment that meets all Federal, state, and local requirements to prevent the release of hazardous constituents into the environment.

B.26 Residual Fluids, Spills, and Waste:

The Purchaser shall remove and clean up any fluids, spills and waste generated during any loading and downsizing operations IAW Federal, state, and local regulations. The Purchaser is responsible to provide proper containers, labels, and any supplies required for labeling. The Purchaser shall containerize the fluids and related waste in UN approved, Department of Transportation (DOT) shippable containers. The Purchaser shall ensure the containers are authorized performance oriented package (POP), DOT compliant for hazardous waste being shipped. The Purchaser shall mark, label and palletize all containers IAW with all Federal, state and local regulations. Purchaser shall remove and dispose any full containers containing POLs and waste specifically generated by the loading and downsizing process at the Purchasers expense. Fluids or waste, including but not limited to POLs, antifreeze, fuel, spill response waste, may be collected in the same approved UN container.

B.27 Recycling:

Purchaser will be required to properly recycle all hazardous materials and POLs drained from the vehicles at their expense IAW all Federal, state, and local Regulations.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in DLA Disposition Services pamphlet entitled the “Sale by Reference Instructions, Terms and Conditions Applicable to Department of Defense (DoD) Personal Property Offered for Sale by DLA Disposition Services”, published July 2012, are hereby incorporated by reference and become a part of this IFB and any contract resulting from acceptance of a bid submitted pursuant to this IFB as fully as though such instructions, terms and conditions had been specifically set forth herein:

The Terms and Conditions of this IFB supersede the Sales by Reference wherever conflicted.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 5.

Paragraph 8.

Paragraph 12.

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except:

Paragraph 7.

Paragraph 13c.

Paragraph 28.

Paragraph 29. (Use new storage charge paragraph instead) Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: All article apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: Does not apply:

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except:

Article A.

Article G.

H and L

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: All articles apply except:

Article A (This IFB is for Off-site).

H and I

C.7 SBR Part 7:

SALE BY REFERENCE PART 7: Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except:

F, G, H, I, K, L, M, N, O, P, V, W and X

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: Does not apply.

C.9 SBR Part 9:

Special Spot Bid Conditions of Sale of Government Property: Does not apply.

C.10 SBR Part 10:

Sale of Government Property Special Auction Conditions: Does not apply.

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

Bidders may submit bids on one, multiple or all CLINs as listed in this IFB. The Purchaser’s bid shall consist of an amount per unit of issue specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per unit of issue.

The Government expects the Purchaser to perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government.

The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

D.2 How to Bid:

Bidders shall use the SF114 and SF114A (Attachment B) or SF114A Local Reproduction (Schedule H, Bid Worksheet) documents provided with this IFB to submit a bid. Bidder shall enter bid as a price per unit of issue, as defined in Table 1, not to exceed five decimal places (example 0.01005). Minimum bid is .01000 per unit of issue.

Multiply your bid price by the quantity specified for extended bid amount.

For illustrative purposes, if the item being advertised for sale in the IFB is in pounds and for a total quantity of 100 pounds and Bidder A’s bid price is $.10 per pound, then $.10 times 100 pounds equals $10. The $10 would be Bidder A’s extended bid amount.

D.3 Where to Submit Bid:

DO NOT email bids or call in bids directly to the SCO. Bids shall be submitted via email only to:

DRMSSALESBIDS@DLA.MIL

D.4 A Responsive Bid:

A responsive bid complies with the terms and conditions of the sales offering, and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award. A responsive bid submission shall contain at a minimum:

SF114 (Attachment B-1) completed and signed.

SF114A (Attachment B-2) or SF114A Local Reproduction (Schedule H, Bid Worksheet).

FAR Provision 52.204-24 (Attachment D) is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

mailto:DRMSSALESBIDS@DLA.MIL

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Full clause text included in attachment. The provision at FAR 52.204-24 requires an offeror to represent, on an Offer-by-offer basis, whether it will or will not provide any “covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.” The representation document must be marked, signed and submitted with bid.

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive.

D.6 How to Modify/Cancel Bid:

In addition to SBR Part 3, Articles B and C, by submitting a new bid in the same manner as the previous bid.

Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid submit a zero (0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time and method of bid submission). The submission of a modified bid withdraws and nullifies previous bids.

D.7 Bid Acceptance Period:

The bid must remain valid 90 calendar days from the bid opening unless otherwise modified or cancelled.

D.8 Technical Issues with the E-sales Website:

Call 1-877-DLA-CALL (1-877-352-2255).

D.9 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, and has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee). A responsive bidder is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that is able to pass the vetting process and is determined through the screening process to be an eligible transferee.

Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government. The general standards in FAR Part 9 on Purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545, but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends to make multiple contract awards to the responsible bidder with the highest priced responsive bid for each CLIN, unless a determination is made to reject the bid under 41 CFR § 102-38.205. The Agency intends to award one or multiple CLIN’s to a responsible bidder with the highest priced responsive bid. An example is provided for illustrative purposes is as follows: Bidder A and Bidder B bid on CLIN’s 1-12. Bidder A bids $1,000.001 for CLIN’s 1-6 and $500.001 for CLIN’s 7-12. Bidder B bids $500.001 for CLIN’s 1-6 and $1,000.001 for CLIN’s 7-12. Bidder A would be the apparent high bidder for CLIN’s 1-6 and Bidder B would be the apparent high bidder for CLIN’s 7-12.

Ineligible Bidder:

Bidder will not be eligible for award if they are:

Excluded from Federal programs by the General Services Administration as identified in the System for Award Management at https://beta.sam.gov/.

https://beta.sam.gov/

Subject to denial, suspension, debarment, or other sanctions pursuant to export control and related laws, regulations, or orders administered by the DOS, DOC, DHS, or USTD. The DOS, DOC, DHS, and USTD name these entities, individuals, and countries in the Federal Register and at the following website: Consolidated Screening List Search Engine (https://legacy.export.gov/csl-search).

D.10 Bidding Criteria:

Award for any material will be based on the highest priced, responsive, responsible bidder per CLIN, whose bid is the most advantageous to the U.S. Government (USG), considering overall cost to the USG, location, available resources, and other financial factors, as determined by the USG. Submitting the highest bid price (a.k.a. highest bidder) does not convey any special right nor does it imply that the Purchaser will be the primary removal company or exclusively allowed to remove throughout the term of this contract.

The Government reserves the right to reject any bids.

Prior to the award of a contract, the SCO or his authorized representative shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications to perform the work specified in this contract and is capable of complying with the applicable Federal, state and local laws, ordinances and regulations.

D.11 Contract start up time frame:

Once notified that you are the potential high bidder, you will have three (3) working days to:

Complete and return End Use Certificate (EUC) DLA Form 1822 to the SCO. (SCO will provide these forms at AHB notification);

Submit your full payment, the amount due indicated on the Notice of Award (Contract is not awarded until NOA is signed by the SCO after payment.

Provide MUT Certifier appointment letters to the SCO.

Once payment and Certifier letter(s) are received and confirmed by the SCO, the official signed Notice of Award will be sent to the Purchaser. At this time property is authorized for release. Purchaser will have five business days after post-award/Start of Work Meeting to begin removals.

The USG will conduct a post-award conference as early as five business days after award. The purpose of the conference is to ensure the Purchaser fully understands the terms and conditions of this contract. DLA Disposition Services will determine the location and date of the conference. The Purchaser, without reimbursement by DLA Disposition Services, shall pay all costs incurred by Purchaser’s personnel for attending meetings.

D.12 Pre-Award Survey:

After bid opening and prior to award, the Government will conduct a Pre-Award survey of only the Apparent High Bidder. The Apparent High Bidder will be required to submit a DLA Form 2536 Statement of Intent (SOI) parts 1-6 must be complete and signed. The Pre-Award survey may be conducted at the Apparent High Bidder’s facility. The Pre-Award survey may include but is not limited to a review of Apparent High Bidder’s facilities and equipment, financial capability or disclosure of the Apparent High Bidder’s financial condition, quality assurance, safety, environmental responsibility and transportation capabilities.

The Apparent High Bidder shall cooperate in the Pre-Award process by assisting in arrangements and/or by providing requested information in a timely manner. The Apparent High Bidder is advised that a positive Pre-Award survey or providing documents to the Government is part of the evaluation to determine their responsibility and is not a guarantee that the Apparent High Bidder will receive the award of a contract. Once notified that you are the Apparent High Bidder, you will have three working days to complete and return the DLA Form 2536 (SOI) to the SCO, or you will be deemed non-responsible. The SCO will provide the form(s) at notification.

D.12.1 Pre-Award Survey may include but is not limited to the following:

When determined by the SCO, the Purchaser’s facility shall pass an inspection by Agency personnel prior to contact award.

D.12.2 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services will conduct an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. All downstream facilities receiving Government property to be processes shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed.

ERDs may take up to 10 business days to complete. Any findings annotated by the Government during an ERD must be corrected prior to a proposed destination/facility’s use. Purchaser is not authorized to process Government material at a site other than those listed on the SOI.

D.12.3 Alternate or Additional Destination:

Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchaser is not authorized to use a facility that has not been through the ERD process.

D.13 Necessary licenses, permits and certifications shall be reviewed:

Prior to the award of a contract, the SCO or his authorized representative shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a sub-contractor) to perform the work specified in this contract and is capable of complying with the applicable Federal, state and local laws, ordinances and regulations.

If at any point the SCO determines the bidder that submitted the apparent high, responsive bid cannot be found responsible, the next highest bidder will be assessed in the same pre-award survey process. This same process of vetting the next highest responsive bidder may continue, at the sole discretion of the Sales Contracting Officer, until a responsive bidder is identified and is determined to be responsible.

D.14 Contract Award:

The SCO shall determine if each bid is responsive and responsible prior to award of the contract. The contract shall be awarded to the highest responsive, responsible bidder. In the event of a termination of the original Purchaser within 90 calendar days of the date of bid opening, the SCO may award the contract to the next highest responsive, responsible bidder if bids have not expired, and such award is otherwise determined to be in the Government's best interest.

This is not a service contract awarded or administered in accordance with the Federal Acquisition Regulations (FAR).This is a sales contract for the sale of scrap that will be awarded and administered pursuant to the provisions in Title 40, U.S. Code, Chapter 5. The Purchaser is agreeing to conduct Demilitarization and Mutilation of the property as a condition of sale.

The Government intends to make multiple contract awards based on the apparent high bid for each CLIN. Bidders may submit bids on one, multiple, or all CLINs, unless a determination is made to reject the bid under 41 CFR § 102- 38.205.

Under 41 CFR § 102-38.205, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

This is a one-time sale; full payment must be received prior to the removal of any property. The Notice of Award is the only invoice or billing document.

For illustrative purposes, if Purchaser A won the award of the contract and bid price was $.10 per pound for total quantity of 20,000 lbs., then Purchaser A would submit $2,000.00 dollars prior to the removal of any property.

When prepayment is posted and confirmed by the SCO; and all other vetting has been completed, the official signed Notice of Award will be sent to the Purchaser. At this time the contract has been official awarded and property is authorized for release and performance under the contract should begin. Purchaser shall have 21 days from post-award/Start of Work meeting to complete removals.

D.15 Post-Award Conference:

The Government shall conduct a post-award conference within 10 calendar days after award. The purpose of the conference is to ensure the Purchaser fully understands the terms and conditions of this contract. The Agency shall determine the method, date, time and location of the post award conference. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of contract award, the Purchaser shall provide the Agency the following information: Designation of key persons, to include their full name, title, telephone number, email address and a synopsis of their duties under the contract. Purchaser shall provide the SCO notification of any changes to the above within 10 calendar days of the change.

E.2 Transfer and Hypothecation:

General Prohibition - Except as specifically provided herein or specifically approved by the Agency in writing, the Purchaser shall not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract.

Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be invalid and shall constitute a material breach of this contract.

E.3 Contract of Sale:

Relationship of Parties - This contract is an agreement for the sale of the material by the Agency as seller to the Purchaser. Purchaser and the Agency expressly disavow the creation of any other relationship, including without limitation principal-agent, master-servant, employer-employee, general or limited partnership, or joint venture, between the Agency and the Purchaser.

Parties to the Contract: The parties to this contract are the Agency and the Purchaser.

E.4 Authority of Sales Contracting Officer (SCO):

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to the Agency from the Purchaser shall be deemed invalid unless addressed to the SCO.

Communications from the Purchaser to anyone other than an SCO shall not be deemed received by the Agency.

E.5 Authority of Sales Point of Contact (SPOC):

The SPOC acts as the eyes and ears of the SCO. The SCO designates the SPOC to provide direct oversight of the Purchaser and/or their agents to ensure they meet the terms and conditions of the contract.

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1…